Illinois General Assembly - Full Text of HB3548
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Full Text of HB3548  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/22/2021, by Rep. Kelly M. Cassidy


10 ILCS 5/19-2  from Ch. 46, par. 19-2
10 ILCS 5/19-2.4 new
10 ILCS 5/19-3  from Ch. 46, par. 19-3
10 ILCS 5/19-3.1 new

    Amends the Election Code. Creates a permanent vote by mail list for qualified voters. Allows a voter to apply to be placed on a permanent vote by mail list to receive vote by mail ballots for subsequent elections. Provides for the removal of a voter from the permanent vote by mail list who does not return a vote by mail ballot for the fourth general election following the general election at which the voter last voted. Allows for a voter on the permanent vote by mail list to choose and change political party preferences for a primary vote by mail ballot. Provides for how a voter may remove himself or herself from the permanent vote by mail list. Makes conforming changes throughout the Code.

LRB102 13490 SMS 18837 b





HB3548LRB102 13490 SMS 18837 b

1    AN ACT concerning elections.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Election Code is amended by changing
5Sections 19-2 and 19-3 and by adding Sections 19-2.4 and
619-3.1 as follows:
7    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
8    Sec. 19-2. Any elector as defined in Section 19-1 may by
9mail or electronically on the website of the appropriate
10election authority, not more than 90 nor less than 5 days prior
11to the date of such election, or by personal delivery not more
12than 90 nor less than one day prior to the date of such
13election, make application to the county clerk or to the Board
14of Election Commissioners for an official ballot for the
15voter's precinct to be voted at such election. The voter shall
16also have the option to apply to be placed on a permanent vote
17by mail list and, if approved, to receive official ballots to
18be voted at all future elections. The URL address at which
19voters may electronically request a vote by mail ballot shall
20be fixed no later than 90 calendar days before an election and
21shall not be changed until after the election. Such a ballot
22shall be delivered to the elector only upon separate
23application by the elector for each election.



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1(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13;
298-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
3    (10 ILCS 5/19-2.4 new)
4    Sec. 19-2.4. Permanent vote by mail list.
5    (a) Voters who successfully apply to receive mail-in
6ballots for all future elections will be placed on a permanent
7vote by mail list. Upon receipt of an application for
8permanent vote by mail status, the election authority shall
9process the application in the same manner as an application
10for a single vote by mail ballot.
11    (b) If, after processing the permanent vote by mail
12application, it is determined that the applicant is a
13registered voter, the election authority shall:
14        (1) place the voter's name upon a list of those to whom
15    a vote by mail ballot is sent each time there is an
16    election within the voter's precinct;
17        (2) include in all vote by mail mailings to the voter
18    an explanation of the vote by mail procedure and an
19    explanation of how the voter may lose or cancel permanent
20    vote by mail status; and
21        (3) maintain a copy of the vote by mail ballot list on
22    file open to public inspection for election and
23    governmental purposes.
24    (c) The election authority shall send a copy of the list of
25all voters who qualify as permanent vote by mail voters to each



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1elections official charged with the duty of conducting an
2election within the authority. The list shall be sent by the
3sixth day before an election.
4    (d) Vote by mail ballots mailed to, and received from,
5voters on the permanent vote by mail voter list are subject to
6the same deadlines and shall be processed and counted in the
7same manner as all other vote by mail ballots.
8    (e) A voter whose name appears on the permanent vote by
9mail voter list shall remain on the list and shall be mailed a
10vote by mail ballot for each election conducted within the
11precinct in which the voter is eligible to vote.
12    (f) If a voter who is on the permanent vote by mail list
13does not return a vote by mail ballot for the fourth general
14election following the general election at which the voter
15last voted, the election authority shall send a notice to that
16voter to ascertain whether the voter wishes to remain on the
17permanent list, continues to reside at the address from which
18that voter is registered to vote, and continues to be eligible
19to vote. If the notice is not completed and returned by the
20voter to the election authority before the 40th day before the
21next general election or if the voter's response to the notice
22indicates that the voter should be removed the permanent list,
23a vote by mail ballot may not be sent to the voter for that
24election, and the voter shall be removed from the permanent
25vote by mail list unless and until the voter submits a new
26application to be placed on the list and is determined to be



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1eligible for the list.
2    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
3    Sec. 19-3. The vote by mail application for vote by mail
4ballot shall be substantially in the following form:
6    To be voted at the .... election(s) in the County of ....
7and State of Illinois, in the .... precinct of the (1)
8*township of .... (2) *City of .... or (3) *.... ward in the
9City of ....
10    I state that I am a resident of the .... precinct of the
11(1) *township of .... (2) *City of .... or (3) *.... ward in
12the city of .... residing at .... in such city or town in the
13county of .... and State of Illinois; that I have lived at such
14address for .... month(s) last past; that I am lawfully
15entitled to vote in such precinct at the .... election to be
16held therein on ....; and that I wish to vote by vote by mail
18    I hereby make application for an official ballot or
19ballots to be voted by me at such election(s), and I agree that
20I shall return such ballot or ballots to the official issuing
21the same prior to the closing of the polls on the date of the
22election(s) or, if returned by mail, postmarked no later than
23election day, for counting no later than during the period for
24counting provisional ballots, the last day of which is the
2514th day following election day.



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1    I understand that this application is made for an official
2vote by mail ballot or ballots to be voted by me at the
3election specified in this application and that I must submit
4a separate application for an official vote by mail ballot or
5ballots to be voted by me at any subsequent election.
6    Under penalties as provided by law pursuant to Section
729-10 of the Election Code, the undersigned certifies that the
8statements set forth in this application are true and correct.
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
13    The application shall also include a section where
14applicants shall mark a box indicating whether they wish to
15apply for a mail-in ballot for:
16        (1) a single election specified in the application; or
17        (2) all future elections until the voter requests
18    otherwise in writing. This option shall also state that
19    the voter understands that if the voter fails to vote by
20    mail in 4 consecutive general elections, the voter will be
21    sent a notice asking to confirm the voter's address,
22    eligibility to vote, and the voter's wish to remain on the
23    permanent vote by mail list, and that the notice must be
24    returned within a specified period to avoid being removed
25    from the permanent list.
26    If a voter applies for a vote by mail ballot for a



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1non-primary election or for permanent vote by mail status, the
2voter shall have the option of disclosing or declining to
3disclose a party preference.
4    However, if application is made for a primary election
5ballot, such application shall require the applicant to
6designate the name of the political party with which the
7applicant is affiliated.
8    Before a partisan primary election, election authorities
9shall mail to every voter who has declined to disclose a
10preference for a political party whose name appears on the
11permanent vote by mail voter list a notice and application
12regarding voting in the primary election. The notice shall
13inform the voter that the voter may request a vote by mail
14ballot for a particular political party for the primary
15election. This primary election application shall contain a
16check box with a conspicuously printed statement that reads
17substantially similar to the following: "I have declined to
18disclose a preference for a qualified political party.
19However, for this primary election only, I request a vote by
20mail ballot for the (political) Party.". The application may
21either provide a check box or other means of selecting from
22party options applicable to a given election or allow the
23applicant to affix the name of the party personally.
24    If application is made electronically, the applicant shall
25mark the box associated with the above described statement
26included as part of the online application certifying that the



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1statements set forth in this application are true and correct,
2and a signature is not required.
3    Any person may produce, reproduce, distribute, or return
4to an election authority the vote by mail application for vote
5by mail ballot. If applications are sent to a post office box
6controlled by any individual or organization that is not an
7election authority, those applications shall (i) include a
8valid and current phone number for the individual or
9organization controlling the post office box and (ii) be
10turned over to the appropriate election authority within 7
11days of receipt or, if received within 2 weeks of the election
12in which an applicant intends to vote, within 2 days of
13receipt. Failure to turn over the applications in compliance
14with this paragraph shall constitute a violation of this Code
15and shall be punishable as a petty offense with a fine of $100
16per application. Removing, tampering with, or otherwise
17knowingly making the postmark on the application unreadable by
18the election authority shall establish a rebuttable
19presumption of a violation of this paragraph. Upon receipt,
20the appropriate election authority shall accept and promptly
21process any vote by mail application for vote by mail ballot
22submitted in a form substantially similar to that required by
23this Section, including any substantially similar production
24or reproduction generated by the applicant.
25(Source: P.A. 99-522, eff. 6-30-16; 100-623, eff. 7-20-18.)



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1    (10 ILCS 5/19-3.1 new)
2    Sec. 19-3.1. Cancellation of permanent vote by mail
4    Each election authority shall provide an easily accessible
5application for voters who wish to cancel their permanent vote
6by mail status and become in-person voters again. The
7application shall be in substantially the following form:
Request to Cancel Permanent Vote by Mail Status
9    "I, (full name, as registered to vote), want to cancel my
10status as a permanent vote by mail voter and will now be a
11polling place voter. I understand this will not affect my
12registration as a voter and I will no longer automatically
13receive my ballot in the mail prior to each election. I
14understand that in the future I may apply to receive a ballot
15in the mail for a specific election or may reapply for
16permanent vote by mail status.".
17    The cancellation form shall include:
18        (1) the voter's name;
19        (2) the voter's residence address;
20        (3) the voter's date of birth;
21        (4) a statement substantially similar to the
22    following: "Under penalties as provided by law pursuant to
23    Section 29-10 of the Election Code, the undersigned
24    certifies that the statements set forth in this
25    application are true and correct.";
26        (5) the signature of the applicant; and



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1        (6) the address of the appropriate election authority
2    to which the form must be sent.
3    Upon receipt, the appropriate election authority shall
4accept and promptly process any application to cancel
5permanent vote by mail status submitted in a form
6substantially similar to that required by this Section,
7including any substantially similar production or reproduction
8generated by the applicant.